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Appeals court hears dispute over destroyed files, Brady claim in Commonwealth v. Hunt
Summary
The Appeals Court heard argument over whether defense counsel raised a substantial issue warranting a new-trial hearing after prosecutors acknowledged destruction of district-court files the defense had sought; the panel took the matter under advisement.
Justice Mead and an appeals-court panel heard argument in Commonwealth v. Hunt (24P.953) over whether the defendant's motion for a new trial raised a substantial issue requiring a hearing after the Commonwealth reported files had been destroyed.
The case centers on whether the motion judge had an obligation to determine whether the Commonwealth destroyed files subject to a pending motion in bad faith and, if so, whether that destruction created prejudice to the defense under Brady v. Maryland. Defense counsel Robert Herrick told the court he had sought post-conviction discovery for two district-court…
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